Motion to Reargue Granted where Court finds it Misapplied the Doctrine of...
In a February 6, 2012 decision by Justice Driscoll, the court: 1) granted the defendants’ motion to reargue; 2) upon reargument modified its prior decision holding that the plaintiff could not proceed...
View ArticleUnopposed Order of Seizure Denied Because of Questions Raised By Application:...
In a February 2, 2012 decision by Justice Driscoll, the court denied (without prejudice) a motion for an Order of Seizure and default judgment. The motion was originally brought by an Order to Show...
View ArticleConvenience of Material Witnesses Best Served by Change of Venue to Suffolk...
In a March 27, 2012 decision by Justice Driscoll, the court granted the defendants’ motion pursuant to CPLR 510(3) to change the venue of the action to the Supreme Court of Suffolk County, based upon...
View ArticleLaw Firm and Attorney Disqualified from Representing Plaintiff due to...
In a February 27, 2012 decision by Justice Driscoll, the court granted the defendants’ motion to disqualify the plaintiff’s attorney (“Attorney”) and his law firm, Phillips Nizer, LLP (“PN”). The...
View ArticleNon-derivate Nature of Claims and Issues of Fact Preclude Summary Judgment in...
In an April 18, 2012 decision by Justice Driscoll, the court denied the defendants’ motion for summary to dismiss the complaint with respect to the first and second causes of action, and granted the...
View ArticleCourt Dismisses Contract Claims against Individual Defendant but Declines to...
In an April 9, 2012, decision by Justice Driscoll, the court granted defendants’ motion to dismiss as to the individual defendant but also granted plaintiff’s motion for leave to amend its complaint....
View ArticleCountry Club’s Actions Are Not Up to “Par”: Carter v Hamlet Gold & Country...
In a May 15, 2012 decision, the court granted the plaintiff’s motion for summary judgment on his breach of contract claim, which alleged that the defendant golf club failed to employ and compensate the...
View ArticleCounsel’s Access to Plaintiff’s Books and Records and Account Information in...
In a May 2, 2012, decision by Justice Driscoll, the court granted plaintiffs’ motion to disqualify defendant’s counsel. In a prior, related action between the same parties involving similar causes of...
View ArticlePlaintiff Spared Dismissal of Derivative Action Complaint Despite Inadequate...
In a June 12, 2012 decision by Justice Driscoll, the court found that the plaintiff’s complaint alleging derivative claims against Manhattan Bridge Capital, Inc.’s board of directors failed to contain...
View ArticleCourt Applies Law of the Case to Preclude Plaintiffs from Establishing...
In an April 3, 2012, decision by Justice Driscoll, the court granted defendants’ motion for summary judgment dismissing plaintiffs’ complaint. Plaintiffs sued defendants to recover damages resulting...
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